State ex rel. Wisconsin Traction, Light, Heat & Power Co. v. Circuit Court for Winnebago County
Wisconsin Supreme Court
Oebtiobabi to review a judgment of the circuit court for Winnebago county: Bybon B. Pabk, Judge. Pursuant to sec. llQlm — 80, Stats. 1913, the city of Me-nasha brought an action in the circuit court to determine the necessity of taking the public utility plant of the Wisconsin Traction, Light, Heat & Power Company located in said city. The jury found that public necessity required the taking and a judgment in accordance with the verdict was entered.
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Oebtiobabi to review a judgment of the circuit court for Winnebago county: Bybon B. Pabk, Judge. Pursuant to sec. llQlm — 80, Stats. 1913, the city of Me-nasha brought an action in the circuit court to determine the necessity of taking the public utility plant of the Wisconsin Traction, Light, Heat & Power Company located in said city. The jury found that public necessity required the taking and a judgment in accordance with the verdict was entered. To review such judgment the defendant obtained a writ of certiorari.
1Opinion of the Court
The following opinion was filed December 7, 1915 :
Viuje, J.
The defendant owns an electric power plant at Appleton which furnishes that city with street lighting and the residents thereof with light and power. It provides the same service for Neenah. In Menasha it furnishes the residents with light and power. Its. franchise for so doing was granted it by the city in 1904. In 1911 by force of sec. 1797m — 77, Stats., such franchise became an indeterminate permit. The power plant at Appleton is ample to furnish all the electric power needed for the purposes above specified. The city of Menasha…
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